LANDLORD AND TENANT - LIABILITY OF A MORTGAGEE IN POSSESSION OF MORTGAGED LEASEHOLD FOR RENT

Authors

Abstract

On default of payments under a mortgage of a leasehold, the mortgagor and mortgagee agreed that the latter was to go into possession of the premises and manage them with a view to meeting the requirements of the mortgage. The mortgagor also executed a warranty deed of the premises to the mortgagee. On default of rent payments the landlord sued the mortgagee. Held, the defendant mortgagee was in possession merely as agent of the mortgagor and as such was not liable for the rent. Cleveland v. Detroit Trust Co., 264 Mich. 253, 249 N. W. 842 (1933).

Recommended Citation

LANDLORD AND TENANT - LIABILITY OF A MORTGAGEE IN POSSESSION OF MORTGAGED LEASEHOLD FOR RENT, 32 Mich. L. Rev. 864 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss6/12